TMI Blog2018 (5) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner has already succeeded before the Tribunal on the question of grant of exemption under notification dated 10th June, 2003 in other connected appeals. The said order of the Tribunal has attained finality as no appeal has been preferred by the Revenue before the Supreme Court. Pre-deposit in these circumstances would be a technicality and mere formality for the issue is settled by an earlier order in favour of the petitioner - further, the petitioner has expressed and shown financial hardship and distress by referring to balance sheet and profit and loss account for the year ending 31st March, 2017, which reflects accumulated losses of over ₹ 59,918,456.93. Tribunal will admit and hear the appeal preferred by the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 6th February, 2017 accepting the stand and stance of the petitioner that it had commenced commercial production on or before 31st March, 2010. 3. Respondent/Revenue had thereafter preferred several appeals before the High Court of Uttarakhand at Nanital which were dismissed vide order dated 5th July, 2017 as not maintainable before the said High Court in view of the judgment in Central Excise Appeal No.10/2015, Commissioner of Central Excise Sales Tax vs. M/s Trupati LPG Industries Ltd. decided on 4th May, 2017. It is stated by the counsel for petitioner that respondents have not preferred any appeal before the Supreme Court impugning the order dated 6th February, 2017 in the case of the petitioner passed by the Tribunal. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal has attained finality as no appeal has been preferred by the Revenue before the Supreme Court. Pre-deposit in these circumstances would be a technicality and mere formality for the issue is settled by an earlier order in favour of the petitioner. Secondly, the petitioner has expressed and shown financial hardship and distress by referring to balance sheet and profit and loss account for the year ending 31st March, 2017, which reflects accumulated losses of over ₹ 59,918,456.93. Petitioner, it is stated, had earlier made pre-deposit of ₹ 16,43,400/- for hearing of decided appeals, which amount has not been refunded. This amount has been adjusted towards amount payable against the impugned order in original. The petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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